A couple of quick updates in the Lexicon case, in which J.K. Rowling and WB are trying to stop publication of an unofficial encyclopedia based on the Harry Potter Lexicon web site:
First, Steve Vander Ark, editor of the Lexicon, wrote Ansible, a prominent British fan zine, in defense of RDR Books’ case, saying, among other things, that “Part of the problem all along has been the automatic assumption on the part of many that Rowling has the right to completely control anything written about the Harry Potter world. That’s quite a huge power grab on her part and from everything I can tell, not legal.”
The letter also says: “[Dave Langford, editor of Ansible] and I are part of a subculture that lives off the creative work of others. We always try to do that in a legal and respectful way. However, if Rowling manages to extend her reach that far into our subculture, she will choke us off very quickly. And if she doesn’t, what’s to stop the next person from taking this legal precedent to even more dangerous places?”
In addition, a new opinion piece in the NYT Business section also calls the case a “power grab” and attempt to “choke” creativity by J.K. Rowling, and calls her a “copyright hog,” before going on to extensively profile Attorney Falzone and the Stanford U. Fair Use Project, which is arguing for the RDR Books’ side of the case. There is very little talk in this editorial of the merits of the actual Lexicon case or whether the book falls into fair use (in fact the article assumes that it does), only a wide and generic look at the history of copyright law and how this case may or may not fit into it.
As for the expected filings on the case: Some will come tomorrow afternoon (they will be filed overnight and take some time to process), and one exhibit, over 15MB in size, can only be filed in hard copy. That file is of some companion books already on the market, so there may not be any need to have it available for download.
We’d like to remind everyone to please be civil in the comments.
Hm, this comes across as a feint. The lexicon book isn’t as much a creative writing piece as it is a structured reference work about an existing ethos.
This is sad, it appears that Steve has shown his true colors :(
Wow I cannot even believe the gall of him to say that. If not for JKR there would be no Harry Potter so of course she has the rights to it. I hope he realizes that everyone this book would be marketed to, obviously HP fans, will not even be buying his book now. At least none of the true HP fans will. I am definitely behind JKR 100%.
Folks, if you are ever unfortunate to be involved in legal action, please remember the first rule: keep your mouth shut, let the lawyer do the talking, that’s why you them!
Melissa, again I salute your bravery in serving as the moderator of these threads!
Steve, you’re not writing ABOUT the harry potter world! You’re writing THE harry potter world!!! She doens’t have the right to control everything written ABOUT it - she can’t control editiorials or anything, nor would I think she would want to - but she can prevent people who are copying and pasting her work to profit off of it from being successful! Come on, Steve, I know you’re smarter than this!!!
I agree with Steve’s point that Jo shouldn’t have complete control over everything written about Harry Potter. The only trouble with his argument is that Jo does not have, and is not really attempting to get complete control. She is perfectly supportive of other literature about harry, the fandom, essay.. etc.
I guess it really all comes down to what exactly is in Steve’s encyclopedia.
Did anybody else notice that before this whole fiasco, Mugglenet had an encyclopedia due to be published? The stopped that pretty quick though, ha.
As someone who is 100% supportive of creative freedom as well as an artist’s right ot their own work, it is difficult for me to place my feelings. WB is a massive company, and I’m not entirely sure I like that JKR is working with them. Refusing to publish a book is comparable to banning a book (very loosely, I know. Please don’t rip me apart!) On the other hand, Jo has worked incredibly hard on the Potter series, and backed by a giant company or not, it is common sense and basic human courtesy that she should maintain the final word on anything HP.
sigh
I have no idea.
I guess I’ll just say good luck to both sides, I hope neither of them is bitter and that they find some sort of resolution in this mess. Not hard feelings, guys.
Steve has some audacity to say that JK is a “copyright hog” considering that this is the world that she has invented. While i’m also a creative artist, i sympathise with JK more because this protecting her rights as a writer and creator. I’m sorry that this is happening, and i’m very sad that this seems to be turning nastier and nastier as it progresses. I agree with KB Prez; i totally reacted the same way. Ugh. shakes head what a miserable situation. sigh
Well, any attempt to “choke creativity” should indeed be condemned. But, as we all can tell, there’s nothing creative about the Lexicon, just a recanting of Rowling’s content.
It’s pretty obvious that Mr. Nocera from The New York Times didn’t do his reseach.
Lauren, Steve didn’t call her a copyright hog,t he author of the NYT article did. I’m sorry if that’s not clear enough in the post and I’ll try and clarify. Steve said her attempts at the suit were a power grab, and constituted an attempt to choke those who attempt to “live off the creative work of others” (that might be a paraphrase.)
Susie, it’s not even loosely comparable to banning a book though, because the content of the book is not being banned at all. There would be no problem at all if Steve wanted to release the contents of the book somewhere like the internet where he could do so free of charge… oh, that’s right, it already IS available on the internet free of charge! And WB isn’t trying to shut down the website. It’s not that WB is trying to prevent the people of the world from reading the content of the book – we can already do so simply by logging onto the Lexicon. It’s the part where Steve makes money off of what isn’t his that WB/JKR has the problem with. Ahh, I’m sorry and I hope I dont’ sound at all like I’m biting your head off, but I just don’t understand the “freedom of speech” argument one bit because everything Steve’s saying in the book is already available. And yes, his publishers admit that the book is exactly like the website without any new (or creative) content.
"Professor McGonagall told me what awful things have happened when wizards have meddled with time... Loads of them ended up killing their past or future selves by mistake!"
The final word on this case was said by WB at the very beginning: “Steve Vanderark has no rights in Harry Potter”.